Application Receipt Date: 060526 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 910624 Discharge Received: Date: 910913 Chapter: 14 AR: 635-200 Reason: Misconduct-Commission of a Serious Offense RE: SPD: JKQ Unit/Location: B Battery, 2d Battalion, 1st Air Defense Artillery, Fort Bliss, TX Time Lost: None Article 15s (Charges/Dates/Punishment): 900228/Driving while drunk on or about (900210)/(Field Grade) The suspension of the punishment of reduction to PV1, however, the portion that is in excess of reduction to PV2, suspended, forfeiture of $300.00 pay per month for two months, suspended, imposed on (900228) was vacated, effective (900514) based on the applicant's offense in violation of Article 92, driving while privleges were revoked. The applicant has an approved Bar to Reenlistment in his file dated (910509) for DWI and driving while privileges were revoked.. Administrative Letter of Reprimand dated (900301) for being apprehended by the MP's for drunk driving on post. Administrative Letter of Reprimand dated (910617) for assaulting his wife by striking her in the forehead with an open hand and grabbing her by the throat and again assaulted her on (910491) by striking her in the stomach and grabbing her by the throat. Administrative Letter of Reprimand dated (910704) for assaulting his wife by grabbing her around the neck with his arm, hitting her hand, putting his hand around her face, and wrongfully communicating a threat to cause her further bodily injury. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 660921 Current ENL Date: 890302 Current ENL Term: 03 Years ????? Current ENL Service: 02 Yrs, 06Mos, 12Days ????? Total Service: 05 Yrs, 11Mos, 24Days ????? Previous Discharges: RA-850920-890301/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 16D10 (Hawk MSL Crewmember) GT: 113 EDU: HS Grad Overseas: Germany, Saudi Arabia Combat: Southwest Asia (901020-910412) Decorations/Awards: ASR, NDSM, SWASM (w/3 bronze service stars), OSR, AGCM, KLM V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 24 June 1991, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (arrested on occassions for alcohol related incidents which he received an Article 15 and for aggravated domestic assaults of which he received a letter of reprimand for and was pending a second letter of reprimand), with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 19 July 1991, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The applicant has a Military Police Report dtd (900210), (910407) and (910430), and a Alcoholic Influence Report dtd (900210), in his Official Military Personnel File. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 20 June 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 1 No change 4 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 28 June 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060007474 Applicant Name: Mr. ______________________________________________________________________ Page 1 of 6 pages